Autore
Martino, Pamela

Titolo
La Corte suprema del Regno Unito su revoca della cittadinanza esicurezza nazionale: il caso Pham
Periodico
Democrazia & sicurezza (Online)
Anno: 2016 - Volume: VI - Fascicolo: 1 - Pagina iniziale: 133 - Pagina finale: 192

The UK Supreme Court on Citizenship Revocation and National Security: the Case of Pham The comment regards the issues of statelessness and citizenship revocation as discussed by the British judges. In the case of Pham, the Supreme Court unanimously dismissed a suspected terrorist’s appeal which held that Pham was a Vietnamese national at the time the Home Secretary deprived him of his British citizenship. The key issue for the court was whether the British Nationality Act 1981 prevented the Home Secretary from depriving Pham of British citizenship because making an order of that nature would cause him to become stateless. In the Supreme Court, Pham argued that the deprivation decision was disproportionate and unlawful under EU law. However, the court did not find it necessary to resolve the dispute about EU law. The judgment emphasizes the British Government’s powers to revoke the citizenship right to fight terrorism; however the Court defines a space of discussion about issues of EU law and its relation with domestic law by showing the increasing role of judges in the British form of government.



SICI: 2239-804X(2016)VI:1<133:LCSDRU>2.0.ZU;2-F
Testo completo: http://romatrepress.uniroma3.it/ojs/index.php/DemSic/article/view/410/407

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